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Programs in Technology Law



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A Targeted Discussion of Data Breaches: Responding to a Payment Card (PCI) Breach

Program Number: 2427 Presenter: David Chamberlin, Erin Nealy Cox, David A. Zetoony, Esq.

“Data security breach” has gone from being something discussed by legal-techies to a daily news items in mainstream media. As the public becomes more concerned about data breaches, specifically those involving their credit cards, companies and their counsel are also realizing that a payment card (“PCI”) data breach carries with it substantial legal risk. In this program, our presenters focus on what to do if you suspect a PCI data breach and specifically discuss the following topics: the unique contractual obligations that a company has to investigate PCI breaches, and to coordinate their investigation with their financial business partners; strategies for communicating information to the public so as to minimize the chances of litigation or investigations; and strategies for conducting a forensic investigation that is complete, accurate, and positions the company to defend itself in litigation if needed.

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Workplace Privacy Considerations for In-House Counsel: What Can Be Seen and Heard behind Company Walls

Program Number: 2413 Presenter: Aaron Tantleff, Esq., Christopher G. Ward, Esq.

As companies digitize an ever-increasing amount of communications and seek to leverage information and technology sharing to enhance productivity, they unknowingly create a host of “new world” privacy and employment issues that require constant vigilance in a rapidly changing world of tweets, texts, talks and touch screens. Join Foley & Lardner LLP partners Aaron Tantleff and Christopher Ward as they discuss the legal risks and strategies from both an information technology and an employment and personnel management approach, and how to manage and mitigate those risks that the ever-changing world of technology and information sharing creates.

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Identifying, Managing and Prioritizing Data Privacy Risks: What In-House Counsel Need to Know

Program Number: 2405 Presenter: Jason D. Haislmaier, Esq., David A. Zetoony, Esq.

The ability to collect, use, and share data is crucial to the success of nearly all companies. At the same time, the risks relating to the collection, use, and sharing of data are constantly changing and have continued to grow ever more complex. In this program geared especially for in-house counsel, Jason Haislmaier and David Zetoony focus on strategies for both identifying the data-related issues and prioritizing those issues that raise the greatest legal risks to your company and clients.

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Mobile Apps and the New FDA Guidance for Mobile Medical App Developers: What In-House Counsel Should Know

Program Number: 2404 Presenter: Jason D. Haislmaier, Esq.

The FDA recently issued final guidance for developers on the regulation of mobile medical software applications (“apps”). The final guidance ends a more than 2-year process intended to clarify the FDA’s regulation of mobile medical apps and pave the way for even greater adoption of mobile medical technology. In this program geared especially for in-house counsel, Jason Haislmaier reviews and deciphers what the final guidance means for mobile medical app developers, addressing what questions have been answered by the final guidance; what issues remain unresolved; and what new questions have emerged.

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Ethical and Practical Considerations of Using Technology-Assisted Review in Litigation

Program Number: 2359 Presenter: Irene Savanis Fiorentinos, Esq., David C. Kiernan, Esq.

Irene Fiorentinos and David Kiernan, members of Jones Day's E-Discovery Committee, discuss approaches for using technology-assisted review (TAR) to expedite electronic document review and production consistent with attorneys' ethical obligations, such as competence, confidentiality of client information and expediting of litigation embodied in Model Rules of Professional Conduct 1.1, 1.6 and 3.2, as well as judicial cooperation proclamations

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Mobile Applications: The Intellectual Property and Privacy Risks that all Lawyers Must Know to Protect their Clients from the Risks and Pitfalls in Developing and Managing Them

Program Number: 2352 Presenter: Aaron Tantleff, Esq.

In the second part of our series on Mobile Application development, Aaron Tantleff of Foley & Lardner LLP continues the discussion regarding the legal risks involved in developing, launching and managing mobile applications in 2013 and beyond, focusing on the privacy and intellectual property issues associated with the development, distribution and use of the mobile applications, including: • Real-life examples of privacy and intellectual property issues that put the mobile application at risk, and what can be done to prevent and mitigate the issues; • Privacy and review of data and information collected through mobile applications (e.g., personal data and geolocation) and how to think about the process; data-sharing agreements; data collection; and e-Discovery issues; • Enforcing trademark and copyright rights in secondary app stores and other enforcement strategies; • Understanding some of the hidden risks of mobile applications (including the App Stores themselves, use of Open Source, and third party services); and • Risks companies

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Technology Contracting-Strategies for Success: Tips Every Counsel Needs to Know (Part II)

Program Number: 2345 Presenter: Aaron Tantleff, Esq.

When drafting and negotiating technology-related contracts, the typical strategy is for vendors and suppliers to present standard pro-vendor form contracts, and for customers to rewrite them for pro-customer needs or to use pro-customer form contracts of their own. But these strategies are not always in the best interests of either party. In this two-part series especially for in-house and outside counsel involved in drafting and negotiating, on behalf of their companies and clients, technology-related contracts, Aaron Tantleff of Foley & Larder LLP provides explanations for typical provisions; strategies for negotiations; tips for avoiding common mistakes and road bumps in the negotiation process; and ways to best resolve some typical disputes. Part I (August 28, 2013 program date) covers: • Overview • Key Contract Provisions 1. Business Case 2. Parties 3. Vendor personnel 4. Project management 5. Specifications 6. License grant 7. License fees 8. Acceptance testing 9. Intellectual property 10. Warranties 11. Indemnities 12. Limitation of liability Part II (September 24, 2013 program date) covers: • Key Contract Provisions Continued 13.

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Technology Contracting-Strategies for Success: Tips Every Counsel Needs to Know (Part I)

Program Number: 2344 Presenter: Aaron Tantleff, Esq.

When drafting and negotiating technology-related contracts, the typical strategy is for vendors and suppliers to present standard pro-vendor form contracts, and for customers to rewrite them for pro-customer needs or to use pro-customer form contracts of their own. But these strategies are not always in the best interests of either party. In this two-part series especially for in-house and outside counsel involved in drafting and negotiating, on behalf of their companies and clients, technology-related contracts, Aaron Tantleff of Foley & Larder LLP provides explanations for typical provisions; strategies for negotiations; tips for avoiding common mistakes and road bumps in the negotiation process; and ways to best resolve some typical disputes. Part I (August 28, 2013 program date) covers: • Overview • Key Contract Provisions 1. Business Case 2. Parties 3. Vendor personnel 4. Project management 5. Specifications 6. License grant 7. License fees 8. Acceptance testing 9. Intellectual property 10. Warranties 11. Indemnities 12. Limitation of liability Part II (September 24, 2013 program date) covers: • Key Contract Provisions Continued 13.

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With Big Data Comes Big Questions and Big Problems: What Every Counsel Needs to Know

Program Number: 2334 Presenter: Aaron Tantleff, Esq.

By now, we've all heard of “Big Data,” but many in-house and outside attorneys still do not understand what Big Data is and how it affects their companies and clients and their respective customers. Big Data has the ability to analyze information and predict outcomes that were not possible before, but with this access to Big Data comes big responsibilities. Join Aaron Tantleff of Foley & Lardner LLP as he discusses and shares the legal and ethical risks involved in the collecting, storing, using and sharing of Big Data and the outcomes of its analysis. Topics include a look at Big Data; questions of whether it is legal and if so, is it ethical or acceptable; and exploration of the conflict between traditional privacy laws and Big Data.

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Mobile Applications: What All Lawyers Must Know to Protect their Clients from the Legal Risks and Pitfalls in Developing and Managing Them

Program Number: 2332 Presenter: Aaron Tantleff, Esq.

With the explosive growth of mobile applications, companies and their counsel are scrambling to keep pace with the myriad compatibility, privacy, licensing, and implementation issues that come with these types of applications. Join Aaron Tantleff of Foley & Lardner LLP as he discusses and shares the legal risks involved in developing, launching and managing mobile applications in 2013 and beyond, including: • Real-life examples of a mobile application program that spun out of control and what can be done to prevent and mitigate the issues; • Issues regarding data collected through applications (i.e., personal data and geolocation), and data-sharing agreements, data collection, and e-discovery issues; • Application store trademarks and copyrights; • Risks companies face regarding ownership, license agreements, developer agreements, transaction processing agreements, and bundling arrangements with carriers and device distributors; • Top factors delaying application launches; • The uncertainties that arise when creating a mobile application and the implications for other departments of a company;

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